DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to the amendment filed 22 April 2026, in which claims 1, 2, 4, 5, and 7-11 were amended, claim 3 was canceled, and claims 12-20 were added.
Drawings
The replacement drawings were received on 22 April 2026. These drawings are acceptable.
Specification
The substitute specification filed 22 April 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In regards to claim 15, it is unclear how “a second backstop” (line 1) relates to previously claimed “a second backstop” (claim 13). In addition, it is unclear which second backstop is being referenced by “the second backstop” (claim 15, lines 1-2) since more than one second backstop has been previously claimed. If Applicant is claiming an additional backstop in claim 15, Examiner suggests changing “a second backstop” in claim 15 to be --a third backstop--, --an additional backstop--, or something similar. Examiner notes that “the second backstop” (lines 1-2) would also need to be changed for consistent claim language.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bayley et al. (US 6431588 B1). Bayley et al. discloses an airbag device (figures 1, 2) comprising:
(claim 17) an airbag module (apparatus #10) and an arrestor strap mechanism (including tensioning device #70, 90, 110, 120, flexible elongated member #72, 92, 112, 126; figures 1, 2, 4, 5; column 3, line 38-column 7, line 38);
wherein the airbag module (#10) comprises an airbag (inflatable curtain #14; figures 1-3; column 2, lines 33-41);
the arrestor strap mechanism comprises an arrestor strap arrangement (including flexible elongated member #72, 92, 112, 126) and a tightening device (including tensioning device #70, 90, 110, 120) for the arrestor strap arrangement (figures 1, 2, 4, 5; column 3, line 38-column 7, line 38);
wherein an end of the arrestor strap arrangement (including flexible elongated member #72, 92, 112, 126) is attached to the airbag (#14; figures 1, 2), and the tightening device (#70, 90, 110, 120) pulls an arrestor strap (#72, 92, 112, 126) of the arrestor strap arrangement in a pulling direction during a tightening operation (figures 2, 5; column 3, line 38-column 7, line 38);
wherein a backstop (including blocking means #130) is provided, with which the arrestor strap (#72, 92, 112, 126) can be prevented from being pulled out counter to the pulling direction after the tightening operation (figures 4, 5; column 4, line 49-column 6, line 9);
wherein the backstop (#130) includes two groups of ribs (each group includes a jaw #132 with teeth #134, one group arranged on each side of flexible elongated member #72, 92, 112, 126) angled in the pulling direction and arranged in a V-shape relative to one another such that the arrestor strap (#72, 92, 112, 126) is guided between the two groups of ribs in the pulling direction and prevented from moving counter to the pulling direction, wherein the two groups of ribs each include a plurality of parallel ribs (plurality of teeth #134 on each jaw #132, which are parallel in that the teeth don’t meet and each tooth extends in the same direction; figures 4, 5; column 4, line 49-column 6, line 9);
(claim 18) wherein the two groups of ribs each include evenly spaced ribs (evenly spaced teeth #134; figures 4, 5).
Allowable Subject Matter
Claims 1, 2, and 4-14 are allowed.
Claims 15 and 16 appear to be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 19 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The allowable subject matter of claims 1 and 19 is wherein the tightening device comprises a deflection roller to deflect the arrestor strap about the deflection roller and parallel to the pulling/drive direction, in combination with other features of claim 1, and in combination with other features of claims 19 and preceding claim 17, respectively. TRW (DE 20016335 U1) discloses a fixing (#33) around which the arrestor strap (#35) is deflected (figures 2, 4, 5), but the fixing does not deflect the arrestor strap parallel to the pulling direction (#A). Bayley et al. (US 6431588 B1) discloses a tightening device (tensioning device #70, 90, 110, 120), but the tightening device does not include a deflection roller to deflect the arrestor strap (#72, 92, 112, 126) about the deflection roller and parallel to the pulling direction. Mueller (DE 19738728 A1) discloses a tightening device (tensioning device #14), but the tightening device does not include a deflection roller to deflect the arrestor strap (#13) about the deflection roller and parallel to the pulling direction.
The allowable subject matter of claim 13 is details of a second backstop, in combination with other features of claim 13. TRW (DE 20016335 U1), Bayley et al. (US 6431588 B1), and Mueller (DE 19738728 A1) only disclose a first backstop that includes all the claimed features.
The allowable subject matter of claim 20 is wherein a second backstop acts directly on the rod-shaped adjustment element, in combination with other features of claim 20 and preceding claim 17. Bayley et al. (US 6431588 B1), which has been used to reject claim 17 above, discloses the tightening device (including tensioning device #70, 90, 110, 120) comprises a drivable rod-shaped adjustment element (piston #124; figures 4, 5), but does not disclose wherein a second backstop acts directly on the rod-shaped adjustment element.
Response to Arguments
Applicant's arguments filed 22 April 2026 have been fully considered but they are not persuasive. In regards to the top of page 12 and claim 17, Applicant argues that Bayley et al. (US 6431588 B1) does not teach two groups of ribs each including a plurality of parallel ribs. As set forth above, Bayley et al. (US 6431588 B1) discloses wherein the backstop (#130) includes two groups of ribs (each group includes a jaw #132 with teeth #134, one group arranged on each side of flexible elongated member #72, 92, 112, 126) angled in the pulling direction and arranged in a V-shape relative to one another such that the arrestor strap (#72, 92, 112, 126) is guided between the two groups of ribs in the pulling direction and prevented from moving counter to the pulling direction, wherein the two groups of ribs each include a plurality of parallel ribs (plurality of teeth #134 on each jaw #132, which are parallel in that the teeth don’t meet and each tooth extends in the same direction; figures 4, 5; column 4, line 49-column 6, line 9).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
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